while katie holmes is seen around new york city with her daughter, suri, speculation swirls over when tom cruise will finally make his move. just like many of his onscreen characters -- >> remember, you wanted this. >> reporter: -- cruise is playing it cool. his lawyer, powerhouse attorney bert fields, says he'll file a rival divorce. but for now, he's keeping his cards close to the chest, telling the bbc -- we're letting the other side play the media until they wear everyone out and then we'll have something to say. fields won't yet say where cruise will file, or if he'll seek custody of their 6-year-old daughter. he's saying it's not tom's style to do this publicly. he's really sad about what is happening. >> the filing in new york by his wife is somewhat of a surprise to him. she's probably trying to distance herself by filing in a jurisdiction as far as way from mr. cruise's sphere of influence, which, in los angeles, as you can imagine, is significant. >> reporter: another apparent surprise, holmes is seeking sole custody of suri, a tactic lawyers say could turn ugly. >> sole cus